‘Nicole’ asks SC to void Smith’s transfer

The camp of Subic rape victim “Nicole” on Monday petitioned the Supreme Court to declare illegal the transfer of a convicted US serviceman to US custody last month.

In a 26-page petition, Nicole’s lawyer Evalyn Ursua asked the court to nullify a written agreement between US ambassador Kirstie Kenney and Foreign Affairs Secretary Alberto Romulo last December 19 authorizing the transfer of Lance Corporal Daniel Smith to the custody of the US Embassy in Manila.

She also asked the court to declare Smith’s transfer unconstitutional.

She added that failure to declare the transfer as illegal would severely affect the public’s confidence in the integrity and competence of the judiciary.

On December 4, Smith was convicted of raping a woman now known only as “Nicole” inside a moving van at Subic Bay Free Port on the night of November 1 last year.

The Department of the Interior and Local Government, however, ordered Smith’s transfer from the Makati City Jail to the US embassy in Manila last December 29 based on the Romulo-Kenney agreement.

25 Responses to Sala sa init, sala sa lamig…

You know what really gets me about this Nicole or Subic Rape case is that how local politicians , the media and so-called rights group are making a fight for this. Smith is not the first nor the last foreigner to rape a filipina. So what makes this different. Why doesn’t the rape victims, media or law officials go after the japanese, koreans, australians, indians or what have you with the same fevor or determination.

Agaw pansin lang sila.

Why doesnt this so-called rights group go after or inform the public about the children and women raped and some even killed. Scarier still is by someone they know or a relative. This crime goes on but is considered so ho-hum by the public and police. where’s the justice there for these victims.

My personal opinion. Nicole was not raped, taken advantaged, yes. What the marines did after was also wrong in dropping her off. Pride and shame was Nicole’s guilt so she filed rape with the officials that wanted fame by chasing the U.S. Marines. By then Nicole was over her head and couldn’t back out when it became a media blitz and all these so-called help came along. Yeah call me a sell-out but I know a gimmick when I see one. Nicole was not raped by Smith but by her own countrymen that rode her for fame, attention and prestige.

As for Smith back in U.S. Custody, its only temporary. By then filipinos wont care. The President did what she did to save the country. Can Nicole do that.. Take one for the team, Nicole. In an unfavorable move. GMA used her executive powers to order the transfer of custody. Not pardon him. She did this to save ties between the Philippines and the U.S. We are not the only country that does this.

The Balikatan is more than military exercise. They hunt down the Abu-Sayaf, build facilities and infrastructures in the area they train. Give medical help and supplies. The U.S. medical facilities ona couple of ships in Sulu even gives life saving operations. This I can vouch for from a cousin who is stationed on USS Yukon. They also helped with the Leyte mudslide last February. The countries you mentioned, Australia, Malaysia and Japan are also depended on the U.S. for military exercise. Asides for India and North Korea, I cant think of another country in SE Asia that does not want a joint exercise.

Asides the security of the nation, the upgrade of the Philippine Army is dependent on replacements for their outdated equipment. There is also finacial aids and grants in the millions given, not loaned to the country.

As for Filipinos in the U.S. or elsewhere. We see whats going on. I don’t speak for every filipino in the U.S. Just mine. My take is that the U.S. asked the President for a favor or else loose some benefits. She returned a favor. Probably one of the few times the U.S. comes knocking on her door for a favor. Not a threat but a wise choice between the voice of a handful or a nation.

I’m still here in Cebu and asked friends and talked with others iving here about what they think of the Subic Rape Case. Funny thing is that many don’t care if he did or didn’t. She aint the first as many told me. Over here, they are more interested in the Wage Hike. Asked why they said it was “away ng mga abugado at politico yan.”

I tend to agree and we must move on. The country will get nothing out if this rape case. A man is convicted and will use every legal means to drag this case on. Lets use the government’s money on other low profile cases instead of millions for one case.

Let me start off with some things that I may agree with you with. Most politicians are getting in it for own publicity and gain, this I agree with, and would most likely sell out if they were to gain from it. Secondly, you are right that most will forget about this in a minute and no one really knows about this case here in the U.S., I don’t even think Bush gives that much of a damn. I also agree that there are a lot of more heinous crimes commited by other nationalities and locals, especially politicians, that don’t get the same media attention.

And here are my remarks of disagreement.

I can’t believe you would chose to believe this serviceman over your own countrywoman, well actually that shouldn’t even matter. You obviously have a negative view of Filipinos. You automatically assume that this girl yelled rape for fame?

What do you really know about Smith’s character for you to reach that conclusion?
Don’t think that such behavior is beyond men in uniform. This is a recurring case, it wasn’t too long ago that there was one in Korea and separate cases of murder and theft in Japan. I spent some years in the service and, although most are respectable, have found that there are marines that should not bear the uniform.
Let me give you a background on the military today. They have a shortage, they’re in constant need of recruits and usually target kids from poorer families. A lot of times, these people come from small towns that are purely white and stereotype asians. Veterans or old timers will mainly talk about two pleasant things about foreign lands: food and p***y (fill in the blanks).
Another thing that I question is why there is a higher ranking enlisted man fraternizing with this lower ranking NCO, who then allegedly cheers him on, consensual or not.

As for Smith back in U.S. Custody, its only temporary. By then filipinos wont care. The President did what she did to save the country. Can Nicole do that.. Take one for the team, Nicole. In an unfavorable move. GMA used her executive powers to order the transfer of custody. Not pardon him. She did this to save ties between the Philippines and the U.S. We are not the only country that does this.

The Balikatan is more than military exercise. They hunt down the Abu-Sayaf, build facilities and infrastructures in the area they train. Give medical help and supplies. The U.S. medical facilities ona couple of ships in Sulu even gives life saving operations. This I can vouch for from a cousin who is stationed on USS Yukon. They also helped with the Leyte mudslide last February. The countries you mentioned, Australia, Malaysia and Japan are also depended on the U.S. for military exercise. Asides for India and North Korea, I cant think of another country in SE Asia that does not want a joint exercise.

Asides the security of the nation, the upgrade of the Philippine Army is dependent on replacements for their outdated equipment. There is also finacial aids and grants in the millions given, not loaned to the country.

As for Filipinos in the U.S. or elsewhere. We see whats going on. I donâ€™t speak for every filipino in the U.S. Just mine. My take is that the U.S. asked the President for a favor or else loose some benefits. She returned a favor. Probably one of the few times the U.S. comes knocking on her door for a favor. Not a threat but a wise choice between the voice of a handful or a nation.

I tend to agree and we must move on. The country will get nothing out if this rape case. A man is convicted and will use every legal means to drag this case on. Lets use the governmentâ€™s money on other low profile cases instead of millions for one case.

What Arroyo did was improper and straight up wrong. The Philippine government is designed after the U.S.’s gov system in which checks and balances are in place. The President has no jurisdiction to release a convicted felon and overstep the Judicial branch.
Funny, the day after he was transfered, she claimed to have no part in it nor have any knowledge of the transfer.
This is not an acceptable favor for a favor. She’s just being submissive to the American Gov.
Please do not turn the U.S. into saints here. You might be forgetting how we were misled, pilaged, and raped after the Spanish/Philippine~Spanish/American war. There was a Gen. Jacob H. Smith at the time that was quoted as ordering “Kill everyone over ten.”
Arroyo sends condolences to Ford’s family on behalf of the Filipino people when Ford did or said nothing when Marcos put the Philippine nation under Martial law and detained and executed countless “enemies of state”, sounds familiar?
The U.S. is not doing all this out of the goodness of their hearts believe me. There is always an ulterior motive just as much as Arroyo does for “saving the country”.
The U.S. needs the Philippines in the long run because of its proximity to Taiwan and China which is beginning to become a threat to its power. The PI has always been and will always be a strategic location in the Pacific which the U.S. recognizes.
Why do you think that the U.S. got there in a moments notice for the landslide and such but took way too long to get to those devastated by Katrina? Why do you think their providing all this help but have made little effort to rectify the dropping of millions of unexploded ordinance in much of Neutral Laos during the Vietnam Era? These bomblets kill hundreds of innocent children and farmers every year. With the cluster bombs clear failure rate, we refuse to disarm it. Why do we refuse to sign the Kyoto Protocol? These are but a few issues out of dozens, if not hundreds, I can bring up. You are clearly misinformed or brainwashed limited to what you hear on biased CNN and other mainstream sources of information. Learn your history and that of the U.S. Don’t read state approved books, look for independently written and fact backed books. Pay attention to the events that are unfolding.

One of the major problems in the Philippines is that. like you, no one cares. No one has nationalism or pride for oneself it seems. Everyone wishes they were white or part. Everyone wishes they were born in the West. Everyone leaves and wants to just forget about the homeland and not have anything to do with it.
over 75% of Filipinos are naturally darker than who they look up to in the media, television, and politics. They all want to be mistizo. Love your skin, love your nose, love your blood, love yourself. Stop trying to be something your not. Stop being a product of over 4 centuries of colonialism.

Both of you know nothing of the proceedings outside of what you hear from the media (correct me if I’m wrong).

Those that were there seem to agree with the verdict. You do not hear the American officials insisting that he’s innocent or here that the trial was anything but fair.

Lets be truthful here, the case if pretty vague to us all. One can argue either way and it will really have no end between all of us because none of us know the true story or was there for the proceedings.

So what does it come down to. A person’s character, but since we personally do not know Smith or “Nicole” what basis do we have.

Again American officials were at the trial and you don’t hear that the trial was handled improperly or you do not hear anyone objecting to anything but the momentary custody issue.

I hate to sound redundant but we all agree that we know little to nothing. If there is reason that you know a little more than we do, eg. you personally know either party, please let us know.

With no basis for your doubts it is clear that you are basing this on what you assume this boyish faced Smith’s character is v. “Nicole”. From what I know and have heard stated, I can speculate that you think she is nothing more than a gold digging attention whore. I ask you how you got to this notion without knowing the girl? Why question someone that has claimed to have gotten raped and has been proven to have gotten raped? How many women do you personally know yells rape for attention or money? How many in Pinas?

Don’t get me wrong, I’m probably more American than most people on here. I obviously know more about U.S. history, good and bad, yet am a proud citizen and soldier. I am not one to deny the atrocities that the US might have commited nor am I here to justify or defend it. What I do have is a better understanding of why people do what they do. Why the “terrorist” are attacking us and why this whole war in Iraq and on terrorism will not be won at the rate we’re going.

I am also a proud Filipino and know a great deal of our history and my heritage. I know that wearen’t all that much better than Americans, in some aspects a lot worse. Most of the Gov., from the Mayoral to the Presidency is obviously not what it should be.

SOMEONE GIVE ME FACTS AND NOT WHAT THEY THINK IS REALLY GOING ON! UNSUPPORTED ARGUEMENTS! STOP SAYING YOU DON’T THINK IT HAPPENED THE WAY THEY DID UNLESS YOU HAVE PROOF OF OTHERWISE OR YOU WERE PHYSICALLY THERE.

Tama ka Pinay. Nobody deserves to be raped, but the girl in this saga is just replete of credibility. I don’t have to sit in that court room to know in my gut that this girl is just one of those thousands of girls looking for the quick buck or the ‘American Dream’ scheme. My advice to Nicole – join showbiz. 😉

It’s sad that you feel that way about our Filipinas. For our nation’s sake, I hope how you feel is untrue.

This seems not be a case between a U.S. Marine and a Filipina Woman. This is more of how you all seem to view Filipinos V. Americans. It is sad that so many it seems feels this way about the character of Filipinos. All brainwashed wishing you were all of lighter skin and pointier noses, one of another nationality or ethnicity.

Gut feelings do not fare well in a court of law. She has proven beyond reasonable doubt that he has commited the act and no one has been able to prove otherwise or prove that it would be in her character to do so.

You all should just stop calling yourselves filipinos. You disgust me more than Smith.

Is there anyone on here with any sense. Can someone present an arguement beyond gut feelings, bad associations, and just a fu**ed up way of thinking.

OPP, you have a tendency to make uneducated generalizations. I don’t have a negative feeling about Filipinas in general. I have a negative vibe about this particular filipina ‘Nicole’. I think I’m entitled to my own opinion no matter how you think they are misguided nor factual.

The reason why the US government are not protesting this verdict is because they respect our laws and court procedures to know that the proper venue for protesting is not the media nor the streets but the courts. That is the reason why they are appealing the case to the Court of Appeals and if necessary the Supreme Court. Perhaps you are so used to the Pinoy way of protesting that you always expect agrieved parties to rally in the streets everytime they feel they have been unfairly treated.

I mentioned gut feel because having not attended the court hearings, this is the only basis I can have to support my opinion on. We are afterall not in the courts here but in a forum/newsblog, so I think I’m still in my rights to express a gut feel. Now ofcourse I’m not stupid to think that because of my gut feel that I’m absolutely right in my opinion. I may be be absolutely wrong, but that is MY OPINION.

Is it not possible that this Nicole is not another money hungry, dreamy prostitute? Is that so beyond the realm of possiblity? If she has a soldier boyfriend based in Japan, what was she doing having a drinking spree with a number of american soldiers? Why is it not possible to think that she is not the ideal filipina?

OO nga OPP, Shane never insinuated that he feels negatively towards ALL Filipinas. Now you just jumped to that conclusion. I advise you OPP to pay closer attention to reading other people’s comments before you hit that keyboard of yours.

Just because people don’t agree with your doesn’t mean their thinking are f**** up.

Laura you’re right, I should be paying more attention. I didn’t even realize that it was Shane that made the post. I would like to extend my respect to Shane and Tom and hope that you both don’t feel as if I’m attacking you personally.

Yes everyones entitled to opinions but really now, you all stated it as a known fact and not a mere personal opinion.

Shane ~
“…girl in this saga is just replete of credibility. I donâ€™t have to sit in that court room to know in my gut that this girl is just one of those thousands of girls looking for the quick buck or the â€˜American Dreamâ€™ scheme.”

Those clearly are not opinions, those are declarative statemts. Jos and Tom gave opinions and Jos even had a plausible scenario.

Can you tell me how I’ve made an uneducated generalization. My whole goal on this recurring topic was to shatter the generalizations that, with all due respect, Shane and Pinay has made. When its between US and PI the former is good and latter evil. I do not doubt that there are more people in the PI that exploit situations than here in the US but you can not prove that such is the case here.

I’m pretty sure I’ve expressed before how tired I am of the overuse political rallies and protests and how its unfruitful. That is not my aim.

I have but a few points for this article:

The Executive branch has obviously overstepped its authority and disrupted the Checks and Balance system by intimidating overstepping the Judicial Branch.

This is not US V Philippines. This is “Nicole” V. Daniel Smith.

Law of the land will reign supreme over foreign relations. Our citizens first.

You can state your opinions but know that if unfounded or illogical don’t expect not to receive any replies to your posted comments. You do have the freedom to feel what you do but the moment you express it you must be able to back it up.

“fu**ed up way of thinking”: what I meant by this, which seems to be unclear, is that it’s messed up that you would think that this girl is allegedly filing a false claim for fame and money. At the same time, all you really know about this woman, is that she’s a filipina, a little more promiscous it seems than others maybe but just that.

I am not the one doing the stereotyping and generalizations here. She likes to party and drink, fine. She might be a little more liberal than most girls from the province. What differs her from all my friends here that love to go clubbing and drinking. I’ll tell you that most these girls are not promiscous as you might think. Financial gain you say, I have a good number of friends that have become strippers because of financial hardship or TNT but I’ll tell you right now that they will not prostitute themselves nor will they condone anyone taking advantage of them.

Don’t misquote me, do not put words in my mouth, and get some facts before you make statements. I, as anyone should, will respect opinions. I may challenge them but will hold the person less accountable than the ones that are convinced she did it because “I have a gut feeling”. You may be right but as it stands you have no reason to make such a factual statement when you do not know either party and were not at the scene or at the trial. Is there something one of you might know that the rest of us don’t, please let us know.

OPP: “Is there something one of you might know that the rest of us donâ€™t, please let us know.”

I know one thing, you OPP has a tendency to get lost in your own words. You keep insisting that people here favoring the US over the Philippine interest. I read and re-read the comments of Shane and Pinay and nowhere did they say that the US is the better party here.

You insist that the debate is about Nicolve vs Smith. This is what everyone else here is sticking to. Yet you keep insisting that people are making this a case of US vs PH.

Don’t you get it? The bottom line of what the people here are saying is that no matter what the judgment of the lower court is – people still don’t have a high-regard of Nicole.

It’s simplistic to say and compare them to you drinking buddies because those are two different scenarios in a different worlds. Talk about simplistic argument.

I have drinking buddies too, but would I drink with strangers? Let alone foreigners who are soldiers of another country? Get in a van for a joyride? All this time knowing I have a steady partner? In Subic at that?

There are a lot of people in Jail found guilty by the courts but are innocent. Let’s wait for the whole judicial process to conclude. There’s still an appeal.

And have you read the whole VFA to know for a fact that the Philippine government violated it by transferring Smith to the US embassy?

Or maybe you missed the Court of Appeals statement recognizing the authority of the government to engage in an agreement with the US government with regards to the custody issue.

I apologize to all that felt that I was attacking all Filipinos. Seeing as how this thread has been between my views v. everyone feeling as if this woman is just a con, I assumed that we all understood that I meant it for those that share the same view.

I should’ve clarified that or maybe chose my words more properly. I am certain that there are people out there that share my views and believe that not everyone, including yourself, feel as if all filipinos are bad or more malicious.

I will try to be more consice next time but I am so not into generalizations because I break most of em.

Yes I have read it, in fact its on my desk and am reviewing it over. Joke joke joke.

I admit I do not know much about the VFA agreements but there is obviously ambiguity within the agreement. That’s why I support those that are pushing for its re-drafting. I doubt this is going to happen again in the near future, I can only imagine the suspended liberty the military currently has. It’s sad really because we are losing more and more ports that we can visit. What a shame.

Because of its ambiguity, the signatories may have a valid claim either way I admit. If there wasn’t, there should’ve been a judicial commitee that reviews all pacts before its signing. I’m sure no one expected this and that may be why it was so unclear.

I wonder why it is that GMA denied knowledge of the transfer then claimed to have approved it, talk about conviction. Why were the courts not informed of the transfer.

Harold, let me answer your questions one by one.

“You keep insisting that people here favoring the US over the Philippine interest.”

First I don’t even know anymore what the interests are, there are so many different tangents to this thread. We want to remain on good terms with the US is probably the major reason why we handed him over for the time being. The whole issue is the custody of Smith. Each side has a valid claim and arguement again because of the ambiguity of the agreement.

Both of the nations interest= SMITH CUSTODY

“You insist that the debate is about Nicolve vs Smith. This is what everyone else here is sticking to. Yet you keep insisting that people are making this a case of US vs PH.”

Correction, the character of an American v a Filipina. We all agree to not know anything about these two, correct? So what is everyones basis on Nicole being the malicious one here? I admit that the other scenario that everyone is fighting for is highly possible.

Lets look at this equation. Everyone involved goes to court. After much deliberation Smith is found guilty and the other three are acquitted. There is nothing you know about either ones character. Nicole is more liberal than most probinsiyanas maybe. American GI.

Tell me how can one conclude that this girl is what everyone seems to claim she is. What is your basis. I have faith in the court system so I will respect the verdict. The US seems to respect the system enough for it to participate in the proceedings. It has proved fruitful for 3 of 4 because they were acquitted.

Now, who is anyone that clearly knows little or nothing about the players and the proceedings to speculate that Smith was unjustly prosecuted. I don’t know what type of postulates or equations I need to create for my point to be understood and not misconscrued.

Bottom line again she’s a pinay that likes to drink and hes a GI. How did we get.

Shane ~
â€œâ€¦girl in this saga is just replete of credibility. I donâ€™t have to sit in that court room to know in my gut that this girl is just one of those thousands of girls looking for the quick buck or the â€˜American Dreamâ€™ scheme.â€

Also, Pinay mentioned something about all the good that the US has done for us. How is that relevant. That says nothing but “She should take one for the team”(please do not make me explain it.

I don’t care what regard the people have for her. Like most, no one will care about her a week after this is finally wrapped up.

The drinking comparison. My point was that one that drinks and likes to party is not necessarily promiscous.

“I have drinking buddies too, but would I drink with strangers? Let alone foreigners who are soldiers of another country? Get in a van for a joyride? All this time knowing I have a steady partner? In Subic at that?”

#1 She and her friend was invited by the friends friend I believe. An unrelated GI.

#2 They met them at the club and got acquainted or whatever, most people go to bars and clubs to meet strangers. U know this.

#3 She was allegedly intoxicated and guided to the van. Do you not know the feeling of being drunk? She was no doubt irresponsible for trusting him and maybe getting intoxicated as she did but most of us have been guilty of this, have we not?

Maybe it is a false claim and he will be cleared. We cannot know any of this unless we know the people’s character and/or what took place that evening. No one here can lay claim that the judgement was wrong. If he is cleared then I’ve been backing the wrong side, oh well, and I’ll respect the other decision and would most likely wish that Nicole suffers some type of equally harsh punishment as one should for falsely accusing someone.

The people that seems to be certain by the few facts they know about Nicole, I would like to know how much they know about GI’s?

Again I’m moving away from generalizations, I’m not saying that either nationality is better. Fact is, Filipinos rape other filipinos on a day to day basis, their own children even. I also know that there have been Vietnamese refugee women that were raped by Filipinos during their transitional stay in the PI en route to resettlement.

Nicole dances freely to the loud beat of a Nelly Furtado song while drinking a bottle of Smirnoff Ice she is holding in her right hand. From the Neptune Barâ€™s air conditioners, she feels a draft of cool air land on her soft velvety morena skin barely covered by the threads of her skimpy top. It feels good, she feels very relaxed. Thereâ€™s no need to worry. Subic is very far away from her home in Zamboanga. Even if she wears a pair of tight jeans that show off her curves, except for her stepsister and her stepsisterâ€™s American military boyfriend, no one would recognize her in this town, certainly not this club. A 22 year old young party-girl as herself certainly has the right to have a good time. She is on vacation, itâ€™s time to let her hair down and indulge in exciting things she canâ€™t do in far away home!

An excited group of young Marines get a shore pass. Danny, Keith, Dominic, and Chad had been talking about getting some action for weeks now and this certainly is their night to check out what the famed Subic night life has to offer. Everything has been set. A van awaits them at the gates of their base with a local driver who knows the best places to get some action.

As the dashing young men enter the Neptune bar, smiles from the sailors come out as their eyes feast on the sight before them. The place is filled with steamy energy from each sway and gyrations of hips wrapped by tight pants worn by the beautiful young bodies of Filipina women. Heaven! This is what is in the minds of the young sailors. Great music, cheap booze, beautiful women, what more can a man stuck in a ship cruising the Pacific Ocean for weeks ask for?

Half-way into Dannyâ€™s second bottle of San Miguel beer, he spots Nicole in the dance floor. No red-blooded male could miss the sight of Nicoleâ€™s body as she grinds her hips suggestively. Certainly not this 21 year old US Marine from St. Louis, Missouri!

Nicoleâ€™s step-sister whispers to Nicole that she and her boyfriend have to go somewhere. This would have been a great opportunity for Nicole to call it a great night and have her step-sister and her boyfriend drop her off at their hotel located 5 to 10 minutes from the bar. But having countless drinks, the ecstatic energy of the club, and the thrill of being the eye candy of handsome young American menâ€™s eyes, staying on becomes irresistible so she decides to stay. Her companions leave her as she continues on dancing, barely able to stand up straight from the excessive cocktail of drinks.

The exit of Nicoleâ€™s companions was the green light Danny has been waiting for. He joins her on the dance floor and she accepts him by dancing with him. The fun continues. There seems to be a magnetic energy between the two as they dance, drink and laugh together. Danny loves the feel of this young womanâ€™s body; Nicole certainly was attracted to this handsome young man.

Nicole loses her balance and Danny is quick to assist the young woman to his table. He offers her a ride home on the van he and the other Marines rented. She agrees. Unable to stand on her own feet, Danny carries Nicole on his back as both of them, together with the other sailors, leave the club. â€œHey, Danny boy sure is one lucky SOB!â€ his friends thought, as they take Nicole inside the van.

While on the back seat of the van Danny continues to have fun with Nicole by touching her skin. The smooth feel of this young womanâ€™s arms and breasts is sensual. The exotic beauty of this Asian girl he is touching is simply irresistible. He kisses Nicole, there is no resistance. Nicole is simply taken by the moment of being held, touched, and kissed by this attractive American man and by the intoxication of her indulgence that night. Danny whispers to a half-passed out Nicole and asks if she wants to have sex with him. She nods as Danny slowly unbuttons her jeans and pulls them out with her panties.

Nicole is enjoying the feel of the young Marineâ€™s hard body pressed against hers. She wants to make love with the young man, but certainly not in the back seat of a van and in the presence of other men lusting and cheering on. This moment of sensibility kicks in and she uses all what is left of her strength from her intoxicated mind and body to stop Danny. Nicole says â€œNoâ€, but itâ€™s too late for Danny, he simply has to have this half naked young woman he is lying in the back seat with. He canâ€™t stop now. Not at this stage of heat, not when he is already wearing a condom and certainly not in front of his cheering comrades.

Nicole tries to shout â€œNoâ€ and plead Danny to stop but she doesnâ€™t have the strength to protect herself at this moment. Even without the alcohol she is simply powerless against the strength of this physically conditioned US Marine, what more could a small framed Asian woman do in an intoxicated state? As Keith, Dominic, and Chad shout their lungs out in frenzy cheering their fellow Marine, Danny, giving his powerful thrusts into Nicole, there is nothing Nicole could do. Nicole passes out from the intoxication and from giving out what is left of her strength to stop Danny.

Morning comes and Nicole wakes up finding herself left out lying in the pavement of the street half naked with a used condom still stuck to her. There is no sign of the van, there is no sign of Danny and the other Marines she was with. She is thrown away by these men who used her as mere means to their lust and thrills. All she could do was weep and feel ashamed of what happened.

Some people deny that rape is not the case here. To some people, Nicole is even the â€œaccusedâ€ for the whole thing. Nicole brought this to herself, as some people say. She is an opportunist or someone who is doing this because she simply has lost face in lieu of the humiliation she brought upon herself. Some people vilify Nicole while expressing admiration for the US Marine, Danny, who left the unconscious Filipina woman without an ounce of dignity and in the most demeaning manner.

Rape is not just about an issue of forced sex. As psychiatrist Elaine Hilberman explained, rape entails:

â€œâ€¦an act of violence and humiliation in which the victim experiences overwhelming fear for her very existence, as well as a profound sense of powerlessness which few other events in life can parallel. Short of homicide, rape is the ultimate violation of the selfâ€.

Not only Nicoleâ€™s body was used as mere means, Nicoleâ€™s personhood was broken by the US Marines who took her that night. A personâ€™s body can be broken or even torn off and this can heal and be fixed, a personâ€™s spirit is something else. There is no prosthetic for a broken personhood. Nicole was humiliated and she was powerless to protect herself from such a humiliation that night. Her dignity was at the mercy of the four US Marines and they took that away from her when they left her unconscious and half naked in the street with a used condom stuck into her. It doesnâ€™t matter whether Nicole acted irresponsibly by drinking too much and wearing skimpy clothes. It doesnâ€™t matter if someone is even a prostitute (which Nicole wasnâ€™t). Irresponsible drinking and suggestive manners do not justify a violation of someoneâ€™s personhood. Nicole may not have acted responsibly, but that does not make what the 4 US Marines did right or crimeless.

For those people who assert that Nicole went through the case just because of the humiliation (and prodding of opportunist politicians), perhaps they should consider this. Nicole is a victim who insisted on her day in court even though her irresponsibility and demeanor (the way she has flirted and dressed before) might work against her. Nicoleâ€™s fight speaks volumes for the demands for justice in the complicated issues of rape and the crime of blaming the victim instead of insuring her rights.

i aggrees to pinay… i do not buy that kind of story.. my opinion is she is a prostitute.. tapos!! nobody deserves to be rape di ba?
She’s just a gold digger tryin’ to catch up a gold fish but sorry kasi ayaw pala ng fish sa kanya, hahaha!! And OPP, plz.. everyone have the rights to post what they want to post ok? if it doesn’t favor to your liking, well, you don’t have to bark.

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